Me. R. App. P. 10
Me. R. App. P. 10
Advisory Notes - January 1, 2001
Rule 10(a) generally tracks the language of M.R. Civ. P. 75B(a) and M.R.U. Crim. P. 39C(a).
Rule 10(b) generally tracks the language of M.R. Civ. P. 75(B)(b). There is no comparable provision of the criminal rules. However, the distinctions made in the civil rules between motions for procedural orders and motions for substantive relief are continued in the new rule in light of the different manner of address of such motions. Procedural motions are generally addressed by the Chief Justice or a single justice. Substantive motions are generally addressed by the Court.
Rule 10(c), relating to substantive motions, follows M.R. Civ. P. 75B(c) and has no criminal counterpart. Both Rules 10(b) and 10(c) are in these rules applicable to both criminal and civil cases. Motions for reconsideration are not considered motions for substantive relief and are separately addressed by M.R. App. P. 14(b).
Rule 10(d) generally follows the similar language of M.R. Civ. P. 75B(d) and M.R.U. Crim. P. 39C(b). The requirement that footnotes and quotations appear in 11 point type is taken from the civil rules. The present criminal rules require only 10 point type.
Advisory Note - July 1, 2010
Rule 10 is amended to reflect practical experience of the Court in the nine years since the Maine Rules of Appellate Procedure took effect. The rule is changed substantially to: (1) remove the distinction between procedural and substantive motions; (2) require that every motion be accompanied by a certificate that the motion was served on the other parties; and (3) clarify the required format of motions and oppositions. The distinction between procedural and substantive motions is removed because it created confusion in practice, and frequently resulted in the incorrect number of copies of motions and responses being filed. Note also that motions for reconsideration of Law Court decisions are not governed by Rule 10; they are governed by M.R. App. P. 14(b).
The changes to Rule 10 are listed below:
The language in M.R. App. P. 10(a) regarding responses to motions is removed from this subdivision and placed in subdivision (c) of this rule.
Former subdivision 10(b) dealing with procedural motions is replaced with a new subdivision (b) which requires that every motion be served on the other parties and accompanied by a certificate of service on the other parties. Motions filed without a certificate of service may be returned to the party filing the motion.
Former subdivision 10(c) dealing with substantive motions is replaced with a new subdivision (c) which sets the time and requirements for responses to motions.
Subdivision 10(d) is changed to: (1) apply to motions, responses, and other papers filed with the Law Court; (2) clarify that motions need not be bound along the entire left-hand side of the paper, but need only be stapled in the upper-left corner; (3) require the original and one copy be filed for every motion and response; and (4) provide that the filing party shall provide any additional copies to the Court as requested by the Clerk of the Law Court. The Court may request that the filing party file additional copies when it determines that the motion will be considered by the entire Court.
Restyling Notes - June 2017
Rule 10 relating to filing of motions and other papers in the Law Court other than briefs and appendices is subject to only minor editing except for one substantive change. Rule 10(a)(2) is adopted to require that any motion filed by counsel representing a party that seeks an extension of time or a delay of more than 7 days or seeks a continuance of a scheduled hearing, oral argument, or other proceeding must be noticed to the party that counsel represents. The proposed amendment is designed to eliminate or reduce opportunities for counsel to place blame for delays that they themselves have sought onto either the Court or other parties.
As with briefs, the amended Rule 10(d) requires that the text of motions, other than footnotes or quotations, must be in 14-point font. This is consistent with First Circuit practice.
Advisory Committee Note - July 2022
Rule 10 is amended to clarify that motions filed in the Law Court must be signed and that service must be by a method permitted by Rule 5 of the Maine Rules of Civil Procedure.
Rule 10 is further amended to remove the provision permitting quotations to appear in 11-point font. As amended, the Rule requires all typed matter other than footnotes to appear in at least 14-point font.
Rule 10 is further amended to permit electronic filing of motions by transmitting a .pdf version of the motion to the Clerk of the Law Court in the manner prescribed by the Clerk in the notice of docketing in the Law Court that the Clerk issues pursuant to Rule 3(a)(2). Unlike filing of electronic copies of briefs under Rule 7A(i)(2), electronic filing of motions pursuant to Rule 10, as amended, is optional and, if used, replaces rather than supplements traditional paper filing.